End-User License Agreement (EULA)
This End-User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and Bluelight Machines Inc., including any authorized Bluelight Machines Dealer ("Bluelight Machines" or "We") for the use of the Autopilot retrofit kit ("Product") and its associated software ("Software"). By installing, accessing, or using the Product or Software, you agree to be bound by the terms and conditions of this Agreement.
These terms and conditions are effective for all Autopilot units installed or used after May 1, 2023. By installing, accessing, or using the Product or Software, you acknowledge and agree to be bound by the terms and conditions of this Agreement.
1. License Grant
1.1 Grant of License
Bluelight Machines grants you a limited, non-exclusive, non-transferable license to use the Product and Software solely for your internal business purposes and in accordance with this Agreement.
1.2 Restrictions
You shall not (a) copy, modify, distribute, sell, sublicense, or lease the Product or Software; (b) reverse engineer, decompile, or disassemble the Product or Software, except to the extent that such restriction is expressly prohibited by applicable law; (c) remove or alter any proprietary notices, labels, or marks from the Product or Software; or (d) use the Product or Software in any manner not expressly authorized by this Agreement.
2. Operator Responsibility
2.1 Supervised Autonomy
The Autopilot functionality provided by the Product is intended to assist operators in the control and operation of construction equipment. However, it is crucial to understand that the operator remains solely responsible for the safe operation, monitoring, and supervision of the equipment. Bluelight Machines and Dealer do not assume any liability or responsibility for the actions or outcomes resulting from the use of the Product or Software.
2.2 Operator's Duty
Regardless of any indications or instructions provided by the Software, the operator must exercise due care, follow industry-standard practices, and comply with all applicable laws, regulations, and safety guidelines. The operator must maintain constant vigilance over the equipment and be prepared to intervene or take control at any time if necessary.
2.3 Operator Liability
Operator shall defend, indemnify, and hold harmless Bluelight and Dealer against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by Bluelight or the Dealer, arising out or resulting from any claim of a third party related to the use and/or operation of any Bluelight Product or Software.
3. Data Usage and Privacy
3.1 Collection and Use of Data
By using the Product and Software, you acknowledge and consent to Bluelight Machines collecting and using anonymized customer data to improve the Software and develop AI models. The data collected may include usage statistics, performance metrics, and other relevant information necessary to enhance the functionality, performance, and reliability of the Product.
3.2 Anonymization and Confidentiality
Bluelight Machines will take reasonable measures to anonymize the customer data collected, ensuring that no personally identifiable information is associated with the data. We will treat all customer data as confidential and will not disclose any identifiable information to any third party, except as required by law or with your explicit consent.
4. Intellectual Property
4.1 Ownership
You acknowledge that Bluelight Machines retains all right, title, and interest in and to the Product and Software, including all intellectual property rights therein. This Agreement does not grant you any ownership rights or interest in the Product or Software, except for the limited license expressly provided herein.
5. Disclaimer of Warranty and Limitation of Liability
5.1 Warranty Disclaimer
The Product and Software are provided "as is" without any warranties or representations of any kind, whether express, implied, or statutory. Bluelight Machines expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 Limitation of Liability
To the maximum extent permitted by applicable law, Bluelight Machines shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, loss of data, or loss of business, arising out of or in connection with the use or performance of the Product or Software, even if advised of the possibility of such.